NATIONAL BANK OF NIGERIA LTD & ANOR V. LADY AYODELE ALAKIJA & ANOR
August 2, 2025EMMANUEL OSELOKA ARAKA V. MONIER CONSTRUCTION CO. (NIG.) LTD
August 2, 2025Legalpedia Citation: (1978-09) Legalpedia (SC) 58911
In the Supreme Court of Nigeria
Fri Sep 15, 1978
Suit Number: SC. 183/1976
CORAM
OGUNDARE, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
PARTIES
SAMSON AJIBADE (On behalf of himself and other dependant realtives of fatimo Alake Ajibade (deceased))
APPELLANTS
MAYOWA
JIMOH AKANDE
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE – COURT
SUMMARY OF FACTS
The appellant instituted action in negligence against the respondent. The respondent did not file a defence and led no evidence. The trial court dismissed the claim.
HELD
The court allowed the appeal.
ISSUES
Whether the learned trial judge was right in refusing the appellants claim
RATIONES DECIDENDI
DUTY ON COURT TO ACT ON UNCHALLENGED PLEADINGS AND EVIDENCE
Where the plaintiffs pleadings is undenied, his evidence unrebutted and unexplained the court is bound to give judgment in his favour -Bello J.S.C
CASES CITED
Eko Odume & Ors. v. Ume Nnachi & Ors. (1964) 1 All NLR. 329
STATUTES REFERRED TO
Not Available
